Search results for 'moral justification of punishment' (try it on Scholar)

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  1. François Tanguay-Renaud (2013). Victor's Justice: The Next Best Moral Theory of Criminal Punishment? [REVIEW] Law and Philosophy 32 (1):129-157.score: 948.0
    In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm-­-­namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled (...)
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  2. Kevin Magill (1998). The Idea of a Justification for Punishment. Critical Review Of International Social And Political Philosophy 1 (1):86-101.score: 660.0
    The argument between retributivists and consequentialists about what morally justifies the punishment of offenders is incoherent. If we were to discover that all of the contending justifications were mistaken, there is no realistic prospect that this would lead us to abandon legal punishment. Justification of words, beliefs and deeds, can only be intelligible on the assumption that if one's justification were found to be invalid and there were no alternative justification, one would be prepared to (...)
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  3. John Wilson (1972). A Comment on the Article ' Wilson on the Justification of Punishment' by Mark Fisher and Grenville Wall inJournal of Moral Education,Vol 1, No 3, P 203. [REVIEW] Journal of Moral Education 1 (3):245-246.score: 651.0
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  4. Stephen Kershnar (1995). The Justification of Deserved Punishment Via General Moral Principles. Southern Journal of Philosophy 33 (4):461-484.score: 606.0
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  5. Thom Brooks, Moral Sentiments and the Justification of Punishment.score: 603.0
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  6. Ido Weijers (2000). Punishment and Upbringing: Considerations for an Educative Justification of Punishment. Journal of Moral Education 29 (1):61-73.score: 507.0
    Punishment seems taboo both in modern education and in theory. In so far as philosophers of education engage with this problem they follow the pattern of the philosophy of law: consequentialism or deontology. This article starts from another perspective. Its starting point is that punishment in education and upbringing must be seen as an interactive moral process. Two conditions are considered which have to be fulfilled before one can speak of educative punishment: punishment assumes a (...)
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  7. Chandra Sekhar Sripada (2005). Punishment and the Strategic Structure of Moral Systems. Biology and Philosophy 20 (4):767–789.score: 490.5
    The problem of moral compliance is the problem of explaining how moral norms are sustained over extented stretches of time despite the existence of selfish evolutionary incentives that favor their violation. There are, broadly speaking, two kinds of solutions that have been offered to the problem of moral compliance, the reciprocity-based account and the punishment-based account. In this paper, I argue that though the reciprocity-based account has been widely endorsed by evolutionary theorists, the account is in (...)
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  8. Federico Picinali (2013). A Retributive Justification for Not Punishing Bare Intentions Or: On the Moral Relevance of the 'Now-Belief'. [REVIEW] Law and Philosophy 32 (4):385-403.score: 489.0
    According to criminal law a person should not be punished for a bare intention to commit a crime. While theorists have provided consequentialist and epistemic justifications of this tenet, no convincing retributive justification thereof has yet been advanced. The present paper attempts to fill this lacuna through arguing that there is an important moral difference between a future-directed and a present-directed intention to act wrongfully. Such difference is due to the restraining influence exercised in the decisional process by (...)
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  9. Jane Johnson (2008). Revisiting Kantian Retributivism to Construct a Justification of Punishment. Criminal Law and Philosophy 2 (3):291-307.score: 474.8
    The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his (...)
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  10. Donald A. Dripps (2009). The Priority of Politics and Procedure Over Perfectionism in Penal Law, or, Blackmail in Perspective. Criminal Law and Philosophy 3 (3):247-260.score: 471.0
    Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale (...)
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  11. Bill Wringe (2010). War Crimes and Expressive Theories of Punishment: Communication or Denunciation? Res Publica 16 (2):119-133.score: 468.0
    In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, (...)
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  12. Joseph B. R. Gaie (2004). The Ethics of Medical Involvement in Capital Punishment: A Philosophical Discussion. Kluwer Academic.score: 441.0
    This book examines the extremely important issue of the consistency of medical involvement in ending lives in medicine, law and war. It uses philosophical theory to show why medical doctors may be involved at different stages of the capital punishment process. The author uses the theories of Emmanuel Kant and John S. Mill, combined with Gerwith's principle of generic consistency, to concretize ethics in capital punishment practice. This book does not discuss the moral justification of capital (...)
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  13. Brian Rosebury (2011). Moore's Moral Facts and the Gap in the Retributive Theory. Criminal Law and Philosophy 5 (3):361-376.score: 438.0
  14. John Lisle (1915). The Justification of Punishment. International Journal of Ethics 25 (3):346-359.score: 428.0
    The author proposes "to discuss philosophically, To glance at the logic of, The parts of this expression 'the justification of punishment' and then to draw from this discussion one or two morals for discussions of the justification of punishment." (staff).
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  15. Alison M. Jaggar & Theresa W. Tobin (2013). Situating Moral Justification: Rethinking the Mission of Moral Epistemology. Metaphilosophy 44 (4):383-408.score: 423.0
    This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with (...)
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  16. Theresa W. Tobin & Alison M. Jaggar (2013). Naturalizing Moral Justification: Rethinking the Method of Moral Epistemology. Metaphilosophy 44 (4):409-439.score: 423.0
    The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all-purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively (...)
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  17. François Tanguay-Renaud (2013). Criminalizing the State. Criminal Law and Philosophy 7 (2):255-284.score: 420.0
    In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...)
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  18. Stefano Paoli & Aphra Kerr (2012). On Crimes and Punishments in Virtual Worlds: Bots, the Failure of Punishment and Players as Moral Entrepreneurs. [REVIEW] Ethics and Information Technology 14 (2):73-87.score: 414.0
    This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia (Cipsoft 1997–2011 ) ( http://www.tibia.com ) and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act (...)
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  19. Peter Königs (2013). The Expressivist Account of Punishment, Retribution, and the Emotions. Ethical Theory and Moral Practice 16 (5):1029-1047.score: 399.0
    This paper provides a discussion of the role that emotions may play in the justification of punishment. On the expressivist account of punishment, punishment has the purpose of expressing appropriate emotional reactions to wrongdoing, such as indignation, resentment or guilt. I will argue that this expressivist approach fails as these emotions can be expressed other than through the infliction of punishment. Another argument for hard treatment put forward by expressivists states that punitive sanctions are necessary (...)
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  20. Mark Fisher & Grenville Wall (1972). Wilson on the Justification of Punishment. Journal of Moral Education 1 (3):203-204.score: 399.0
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  21. Scott J. Vitell, Megan Keith & Manisha Mathur (2011). Antecedents to the Justification of Norm Violating Behavior Among Business Practitioners. Journal of Business Ethics 101 (1):163 - 173.score: 389.3
    This study investigates the role that moral identity, religiosity, and the institutionalization of ethics play in determining the extent of justification of norm violating behavior among business practitioners. Moral justification is where a person, rather than assuming responsibility for an outcome, attempts to legitimize ethically questionable behavior. Results of the study indicate that both the internalization and symbolization dimensions of moral identity as well as intrinsic religiosity and the explicit institutionalization of ethics within the organization (...)
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  22. Richard Stalley (2012). Adam Smith and the Theory of Punishment. Journal of Scottish Philosophy 10 (1):69-89.score: 378.0
    A distinctive theory of punishment plays a central role in Smith's moral and legal theory. According to this theory, we regard the punishment of a crime as deserved only to the extent that an impartial spectator would go along with the actual or supposed resentment of the victim. The first part of this paper argues that Smith's theory deserves serious consideration and relates it to other theories such as utilitarianism and more orthodox forms of retributivism. The second (...)
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  23. James D. Marshall (1989). The Incompatibility of Punishment and Moral Education: A Reply to Peter Hobson. Journal of Moral Education 18 (2):144-147.score: 378.0
    Abstract In his paper ?The compatibility of punishment and moral education?, Hobson (1986) attempts to refute arguments which I had advanced (Marshall, 1984) to the effect that there were incompatibilities between claims to be morally educating children and to be punishing them. I wish to point out in Hobson's paper some questionable interpretations of the punishment literature and a serious flaw in the argument. More importantly, I wish to advance the debate by recourse to historical material and (...)
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  24. Russell L. Christopher (2009). A Political Theory of Blackmail: A Reply to Professor Dripps. [REVIEW] Criminal Law and Philosophy 3 (3):261-269.score: 378.0
    This essay was originally presented at the Rutgers Institute for Law and Philosophy as part of the Symposium on The Evolution of Criminal Law Theory. It is a Reply to Professor Donald Dripps’ politically-based justification for blackmail’s prohibition. Under Dripps’ account, by exacting payment from the victim blackmail is an impermissible form of private punishment that usurps the state’s public monopoly on law enforcement. This essay demonstrates that Dripps’ account is either under-inclusive or over-inclusive or both. Dripps’ account (...)
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  25. Matt Matravers (2000). Justice and Punishment: The Rationale of Coercion. Oxford University Press.score: 369.0
    This book aims to answer the question of why, and by what right, some people punish others. With a groundbreaking new theory, Matravers argues that the justification of punishment must be embedded in a larger political and moral theory. He also uses the problem of punishment to undermine contemporary accounts of justice.
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  26. Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.score: 366.0
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  27. Mark Coeckelbergh (2010). Robot Rights? Towards a Social-Relational Justification of Moral Consideration. Ethics and Information Technology 12 (3):209-221.score: 364.5
    Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of (...) consideration to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)
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  28. Wim Dubbink & Jeffery Smith (2011). A Political Account of Corporate Moral Responsibility. Ethical Theory and Moral Practice 14 (2):223-246.score: 360.0
    Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens’ moral entitlements. This political account posits (...)
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  29. Jeffery Smith (2011). A Political Account of Corporate Moral Responsibility. Ethical Theory and Moral Practice 14 (2):223 - 246.score: 360.0
    Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits (...)
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  30. Kristján Kristjánsson (2000). Utilitarian Naturalism and the Moral Justification of Emotions. International Journal of Applied Philosophy 14 (1):43-58.score: 360.0
    The virtue ethicist Rosalind Hursthouse has recently admitted that the commonly supposed link between a belief in the moral significance of human emotions and an adherence to virtue ethics may rest on a “historical accident,” and that utilitarians could, for instance, be equally concerned with emotions. The present essay takes up Hursthouse’s challenge and explores both what utilitarians have said and what they should say about the moral justification of emotions. Mill’s classical utilitarianism is rehearsed and applied (...)
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  31. Leland F. Saunders (2009). Reason and Intuition in the Moral Life: A Dual-Process Account of Moral Justification. In Jonathan Evans & Keith Frankish (eds.), In Two Minds: Dual Processes and Beyond. Oxford University Press. 335--354.score: 360.0
    This chapter explores how morality can be rational if moral intuitions are resistant to rational reflection. There are two parts to this question. The normative problem is whether there is a model of moral justification which can show that morality is a rational enterprise given the facts of moral dumbfounding. Appealing to the model of reflective equilibrium for the rational justification of moral intuitions solves this problem. Reflective equilibrium views the rational justification of (...)
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  32. Morris J. Fish (2008). An Eye for an Eye: Proportionality as a Moral Principle of Punishment. Oxford Journal of Legal Studies 28 (1):57-71.score: 360.0
    The lex talionis of the Old Testament has been widely perceived—understandably, but mistakenly—as a barbaric law of retribution in kind. It is better understood as a seminal expression of restraint and proportionality as moral principles of punishment. This has been recognized from the earliest times. Over the intervening centuries, the lex talionis has lost neither its moral significance nor its penal relevance. This is reflected in H.L.A. Hart's synthesis of modern retributivist and utilitarian theories of punishment (...)
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  33. David Wood (2002). Retribution, Crime Reduction and the Justification of Punishment. Oxford Journal of Legal Studies 22 (2):301-321.score: 360.0
    The ‘dualist project’ in the philosophy of punishment is to show how retributivist and reductivist (utilitarian) considerations can be combined to provide an adequate justification of punishment. Three types of dualist theories can be distinguished—‘split‐level’, ‘integrated’ and ‘mere conjunction’. Split‐level theories (e.g. Hart, Rawls) must be rejected, as they relegate retributivist considerations to a lesser role. An attempted integrated theory is put forward, appealing to the reductivist means of deterrence. However, it cannot explain how the two types (...)
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  34. Camilla Boisen (2012). The Changing Moral Justification of Empire: From the Right to Colonise to the Obligation to Civilise. History of European Ideas 39 (3):335-353.score: 357.8
    This paper argues that the moral legitimating reasoning of terra nullius assumed an under-recognised, different guise in the later years of colonial justification in the form of trusteeship. The idea of terra nullius has a central place in the political thought of thinkers such as Grotius and Locke. Although terra nullius, consolidated in European colonial thought in the early modern period, differed conceptually from the doctrine of trusteeship as the colonial legitimation for Africa, both instituted a moral (...)
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  35. Fritz Allhoff (2006). A Defense of Torture: Separation of Cases, Ticking Time-Bombs, and Moral Justification. International Journal of Applied Philosophy 19 (2):243-264.score: 351.0
    In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant (...)
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  36. Michael Philips (1986). The Justification of Punishment and the Justification of Political Authority. Law and Philosophy 5 (3):393 - 416.score: 351.0
    Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not (...)
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  37. Cécile Lavergne (2011). Questioning the Moral Justification of Political Violence: Recognition Conflicts, Identities and Emancipation. Critical Horizons 12 (2):211-231.score: 351.0
    Basing its understanding on the two uses of the notion of violence in Honneth’s theory of recognition, this paper aims at developing a framework for the analysis of the thesis of the moral justification of political violence, whenever forms of political violence can be defined as legitimate struggles of recognition. Its contention is that the requalification of some forms of collective violence as recognition conflicts makes it possible to establish a hierarchy of justification for forms of violence (...)
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  38. Kenneth R. Westphal (2011). ‘Kant’s [Moral] Constructivism and Rational Justification’. In Pihlström & Williams Baiasu (ed.), Politics and Metaphysics in Kant. Wales University Press.score: 351.0
    This paper characterises concisely a key issue about rational justification which highlights an important achievement of Kant’s constructivist method for identifying and justifying basic norms: uniquely, it resolves the Pyrrhonian Dilemma of the Criterion. Kant’s constructivist method is both sound and significant because it is based on core principles of rational justification as such. Explicating this basis of Kant’s constructivism affords an illuminating and defensible explication of four key aspects of the autonomy of rational judgment, including our positive (...)
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  39. James R. Flynn (1974). Do We Really Want a Moral Justification of Our Basic Ideals? Inquiry 17 (1-4):151 – 173.score: 348.8
    It is commonly held that when there is a conflict of basic ideals, e.g. a humane man v. an elitist or a Social Darwinist or someone who holds a revenge ethic, no moral justification is possible. This paper attempts to go further and show that such a justification would be undesirable, would carry a price few would be willing to pay. The thesis is developed to shed light not only on classical thinkers (Plato, Locke, Kant) but also (...)
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  40. Mylan Engel Jr (2012). Coherentism and the Epistemic Justification of Moral Beliefs: A Case Study in How to Do Practical Ethics Without Appeal to a Moral Theory. Southern Journal of Philosophy 50 (1):50-74.score: 346.5
    This paper defends a coherentist approach to moral epistemology. In “The Immorality of Eating Meat” (2000), I offer a coherentist consistency argument to show that our own beliefs rationally commit us to the immorality of eating meat. Elsewhere, I use our own beliefs as premises to argue that we have positive duties to assist the poor (2004) and to argue that biomedical animal experimentation is wrong (2012). The present paper explores whether this consistency-based coherentist approach of grounding particular (...) judgments on beliefs we already hold, with no appeal to moral theory, is a legitimate way of doing practical ethics. I argue (i) that grounding particular moral judgments on our core moral convictions and other core nonmoral beliefs is a legitimate way to justify moral judgments, (ii) that these moral judgments possess as much epistemic justification and have as much claim to objectivity as moral judgments grounded on particular ethical theories, and (iii) that this internalistic coherentist method of grounding moral judgments is more likely to result in behavioral guidance than traditional theory-based approaches to practical ethics. By way of illustrating the approach, I briefly recapitulate my consistency-based argument for ethical vegetarianism. I then defend the coherentist approach implicit in the argument against a number of potentially fatal metatheoretical attacks. (shrink)
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  41. Zachary Hoskins (2013). ''Punishment, Contempt, and the Prospect of Moral Reform''. Criminal Justice Ethics 32 (1):1-18.score: 346.5
    This paper objects to certain forms of punishments, such as supermax confinement, on grounds that they are inappropriately contemptuous. Building on discussions in Kant and elsewhere, I flesh out what I take to be salient features of contempt, features that make contempt especially troubling as a form of moral regard and treatment. As problematic as contempt may be in the interpersonal context, I contend that it is especially troubling when a person is treated contemptuously by her political community’s institutions (...)
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  42. Paul Russell (1995). Freedom and Moral Sentiment: Hume's Way of Naturalizing Responsibility. Oxford University Press.score: 345.0
    In this book, Russell examines Hume's notion of free will and moral responsibility. It is widely held that Hume presents us with a classic statement of a compatibilist position--that freedom and responsibility can be reconciled with causation and, indeed, actually require it. Russell argues that this is a distortion of Hume's view, because it overlooks the crucial role of moral sentiment in Hume's picture of human nature. Hume was concerned to describe the regular mechanisms which generate moral (...)
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  43. Ira Singer (1999). :Freedom, and Moral Sentiment: Hume's Way of Naturalizing Responsibility. Ethics 109 (2):459-461.score: 345.0
    In this book, Russell examines Hume's notion of free will and moral responsibility. It is widely held that Hume presents us with a classic statement of the "compatibilist" position--that freedom and responsibility can be reconciled with causation and, indeed, actually require it. Russell argues that this is a distortion of Hume's view, because it overlooks the crucial role of moral sentiment in Hume's picture of human nature. Hume was concerned to describe the regular mechanisms which generate moral (...)
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  44. Corey Brettschneider (2007). The Rights of the Guilty: Punishment and Political Legitimacy. Political Theory 35 (2):175-199.score: 345.0
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political (...)
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  45. Jean Hampton (2007). The Intrinsic Worth of Persons: Contractarianism in Moral and Political Philosophy. Cambridge University Press.score: 342.0
    Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and (...)
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  46. Michael Pace (2011). The Epistemic Value of Moral Considerations: Justification, Moral Encroachment, and James' 'Will To Believe'. Noûs 45 (2):239-268.score: 342.0
    A moral-pragmatic argument for a proposition is an argument intended to establish that believing the proposition would be morally beneficial. Since such arguments do not adduce epistemic reasons, i.e., reasons that support the truth of a proposition, they can seem at best to be irrelevant epistemically. At worst, believing on the basis of such reasoning can seem to involve wishful thinking and intellectual dishonesty of a sort that that precludes such beliefs from being epistemically unjustified. Inspired by an argument (...)
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  47. Robin Small (1997). Ressentiment, Revenge, and Punishment: Origins of the Nietzschean Critique. Utilitas 9 (01):39-.score: 342.0
    Nietzsche's thinking on justice and punishment explores the motives and forces which lie behind moral concepts and social institutions. His dialogue with several writers of his time is discussed here. Eugen Dhistorical’ approach to moral concepts from Paul Ree, who suggested that the utilitarian function of punishment had been obscured by its practice, which appears to be directly linked with moral guilt. Nietzsche responds that punishment has quite different purposes and meanings at different times, (...)
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  48. Theresa Weynand Tobin (2011). The Relevance of Trust for Moral Justification. Social Theory and Practice 37 (4):599-628.score: 342.0
    In this paper, I argue that relationships of trust are often necessary for moral justification. Even if a moral claim is likely to be true, it may not be adequately justified, and thus may not have normative force, unless those who are to accept the claim have good reason to believe that the one entering the claim is a trustworthy moral interlocutor. The complexity of moral knowledge coupled with differences among people in moral experience, (...)
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  49. Leo Zaibert (forthcoming). Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross's Crime and Punishment: A Concise Moral Critique. Criminal Law and Philosophy:1-18.score: 342.0
    Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales (...)
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  50. Malin Masterton, Gert Helgesson, Anna T. Höglund & Mats G. Hansson (2007). Queen Christina's Moral Claim on the Living: Justification of a Tenacious Moral Intuition. [REVIEW] Medicine, Health Care and Philosophy 10 (3):321-327.score: 337.5
    In the long-running debate on the interest of the dead, Joan C. Callahan argues against such interests and although Søren Holm for practical reasons is prepared to consider posthumous interests, he does not see any moral basis to support such interests. He argues that the whole question is irresolvable, yet finds privacy interests where Tutankhamen is concerned. Callahan argues that there can be reasons to hold on to the fiction that there are posthumous interests, namely if it is comforting (...)
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